Bingham v. Palmantier

Bingham v. Palmantier

Although the low speed collision could cause a mild soft tissue injury, the plaintiff's lengthy delay in seeking medical assessment, inconsistent and inaccurate histories to treating practitioners, lack of objective findings and continued full-time physical employment meant that on the balance of probabilities the court would award only a mild, time-limited injury: pain and restriction for about 3–4 months and occasional residual symptoms thereafter not attributable to the accident; non-pecuniary damages assessed at $4,500 and special damages $498.71; no award for future loss or future care.

Citation
2003 BCSC 1927
Parties
Plaintiff: Stephen Thomas Bingham; Defendant (driver): Montgomery Palmantier; Defendant (registered Owner): Emma Palmantier
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 December 2003
Procedural Posture
Personal Injury Motor Vehicle Collision (negligence) / Trial Reasons for Judgment
Outcome
Judgment for plaintiff in part; liability admitted by defendants; limited damages awarded to plaintiff.
Legal Topics
Liability Admitted, Causation, Mitigation, Medical Evidence, Quantum of Damages, Credibility
Source Language
English
Tort Personal Injury Motor Vehicle Accident Negligence Damages Liability Admitted Causation Mitigation +3 more

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Parties

Stephen Thomas Bingham

Plaintiff

Montgomery Palmantier

Defendant (driver)

Emma Palmantier

Defendant (registered Owner)

Procedural Posture

Personal Injury Motor Vehicle Collision (negligence) / Trial Reasons for Judgment

Legal Issues

  1. 1 Whether plaintiff's injuries were caused by the August 18, 2000 collision
  2. 2 Extent and duration of injury and appropriate quantum of non-pecuniary damages
  3. 3 Whether plaintiff failed to mitigate by delaying and limiting medical treatment

Ratio Decidendi

Although the low speed collision could cause a mild soft tissue injury, the plaintiff's lengthy delay in seeking medical assessment, inconsistent and inaccurate histories to treating practitioners, lack of objective findings and continued full-time physical employment meant that on the balance of probabilities the court would award only a mild, time-limited injury: pain and restriction for about 3–4 months and occasional residual symptoms thereafter not attributable to the accident; non-pecuniary damages assessed at $4,500 and special damages $498.71; no award for future loss or future care.

Court Disposition

Judgment for plaintiff in part; liability admitted by defendants; limited damages awarded to plaintiff.

Orders

  • Non-pecuniary damages awarded in the sum of $4,500.00.
  • Special damages awarded in the sum of $498.71.